Lawyer for Fargo opposes gay rights, riling some city leaders … – INFORUM

FARGO — A Tennessee attorney known for his stances against gay rights was hired to defend the city of Fargo in a lawsuit filed by an adult entertainment store — a move that’s upset some city commissioners and LGBTQ advocates.

The attorney, Scott Bergthold, has fought gay marriage in California and domestic partnerships in Tennessee, according to South Florida Gay News .

Tax records show Bergthold has been affiliated with and financially backed by the Alliance Defending Freedom (ADF), a nonprofit legal advocacy group, that, according to the Southern Poverty Law Center , has supported the recriminalization of sexual acts between consenting LGBTQ adults.

The ADF has also defended state-sanctioned sterilization of transgender people; contended that a homosexual agenda will destroy Christianity and society; and argued that LGBTQ people are more likely to engage in pedophilia, according to the Southern Poverty Law Center , a nonprofit legal advocacy group.

The center said ADF is “one of the most influential groups” attacking LGBTQ rights.

ADF spokeswoman Jacqueline Ribeiro said Bergthold is part of a network of more than 2,400 attorneys who help the organization on issues such as family, marriage and sanctity of life. Ribeiro described the Southern Poverty Law Center as “thoroughly discredited, blatantly partisan.”

“ADF is among the largest and most effective legal advocacy organizations dedicated to protecting the religious freedom and free speech rights of all Americans,” Ribeiro said, rejecting the claim that ADF has supported the recriminalization of sexual acts between consenting LGBTQ adults. “ADF believes that all people are made in the image of God and that everyone is worthy of dignity and respect.”

Bergthold did not reply to The Forum’s request for an interview. Court documents list Bergthold as a defense attorney for the city of Fargo in a federal lawsuit filed by Romantix, an adult entertainment store that wants the court to allow it to move into the Syndicate Building at 74 Broadway in downtown Fargo.

Fargo City Commissioner John Strand, an openly gay elected official, has been the commission’s only vote in support of Romantix’s move. He learned of Bergthold’s hiring from The Forum and said the news was “hard to swallow.”

“I just Googled the guy and created a list of all the stories. The question I asked is, ‘Did anyone do any due diligence?’ It’s pretty clear,” Strand said.

Bergthold was quoted in a 1999 piece by Christianity Today, saying that AIDS and sexually transmitted diseases are the results of “moral decay in America.”

The city of Atlanta enlisted Bergthold in 2019 to shut down Tokyo Valentino, an adult entertainment store, according to The Atlanta Journal-Constitution . Project Q Atlanta, a news outlet that covers LGBTQ issues, published a story headlined “City of Atlanta hires anti-gay attorney to fight Tokyo Valentino.”

The North Dakota Insurance Reserve Fund, which helps public entities defend against lawsuits, hired Howard Swanson as the lead attorney to represent the city of Fargo in the Romantix lawsuit. Swanson told The Forum that he hired Bergthold as co-counsel.

“He is not representing the city of Fargo on his own and his involvement in the case comes by and through me as co-counsel,” Swanson said, noting that he hired Bergthold for his expertise in cases involving the adult entertainment industry.

Swanson, a former Grand Forks city attorney, said he did not question Bergthold on his personal or religious beliefs before hiring him at a rate of $250 to $275 an hour.

All payments to Bergthold will come from the North Dakota Insurance Reserve Fund, said Swanson and city spokesman Gregg Schildberger. The city of Fargo contributes public money to the reserve fund, said Strand, who finds it worrisome that taxpayers are footing Bergthold’s bill.

Swanson stressed that the Romantix case “is really a zoning question.”

“Maybe I am naive in where the connection to LGBTQ is because I don’t see that,” Swanson said. “I think the LGBTQ community in Grand Forks would indicate that I would be considered, maybe not an advocate, but at least a friend.”

Swanson said he’s known Bergthold since the 1990s and worked with him before on court cases in North Dakota.

“My interest is solely to protect the interests of the city of Fargo. This is a zoning case,” Swanson said.

“I respect the concerns. I think by raising these issues this gives me greater awareness of what my role is. I was concerned with, does he have the competence and the expertise in adult industry litigation, and he has all of those,” Swanson said, adding that if at any time he feels any agenda is being used in court, he will take appropriate action.

In the Romantix lawsuit, the business alleges that the city has violated their First and Fourteenth amendment rights by not allowing it to move into the Syndicate Building. Romantix is currently located at 417 Northern Pacific Ave., near the bus station.

The city of Fargo is asking the federal district court to dismiss the Romantix lawsuit , asserting that sexually-oriented products do not qualify for free speech protections.

Rynn Willgohs, a 50-year-old transgender woman who’s on the board of the FM Pride Collective and Community Center, was stunned when she heard the news of Bergthold’s hiring.

“They’re killing two birds with one stone: get Romantix not to build in downtown Fargo and bash the queer community at the same time. It’s disgusting, and I hope the city loses,” Willgohs said.

Mars Ness-Ludwig, a LGBTQ activist in Fargo, said Mayor Tim Mahoney offered comfort a month ago during a candlelight vigil for the victims of the Club Q shooting in Colorado.

“I find it incredibly shameful that Fargo has hired Scott Bergthold,” Ness-Ludwig said.

The Forum’s phone calls to Mahoney seeking comment for this story were not returned.

Asked about Bergthold’s hiring, City Commissioner Arlette Preston said it was “really unfortunate that we’re learning more about this from (The Forum) than up front,” but added that she plans to research and discover if there are any solutions for the hiring.

“When I asked the question what power we have over the insurance fund, it’s basically none, because they are the ones at risk with this lawsuit. I don’t know if we’ll have the ability to influence that even,” Preston said.

Swanson said the hire is not necessarily “written in stone, but that would be a decision I would have to discuss with the North Dakota Insurance Reserve Fund. The decision was made by me.”

Strand said “the question of whether or not this attorney was vetted enough is a legitimate concern.”

“The question is really boiling down to, ‘Is this who we want?’ Someone coming in … bent against a marginalized group that is already struggling,” Strand said. “Is our motivation here really to impose upon others our spiritual and religious views if they are different from our own?”

Strand said he’s looking forward to answers to his questions.

“I look forward to my peers seeking out the high road with regards to all people in our community,” Strand said.

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